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HomeMy WebLinkAbout20030213 Ver 1_Complete File_20030225 _.? 0?®213 J ?+ Ill. 7 °; < FILE COPY 40 JISSUED ,. o ?Ylrt? STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY P.O. Box 25201, RALEIGH, N .C 27611-5201 LYNDO TIPPETT GOVERNOR SECRETARY P.O. BOX 47, 1710 East Marion Street Shelby, N. C. 28151=0047 February 20, 2003 Mr. John W. Hendrix - NCDOT Projects US Army Corp of Engineers, Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, N. C. 28801-5006 Dear Mr. Hendrix: The North Carolina Department of Transportation, Division of Highways, proposes the following project for your issuance of a Section 404 Permit. We believe this project can be accomplished under Nationwide #14 Permit, Road Crossings and Nationwide #33 Permit, Temporary. Construction, Access, and Dewatering. COUNTY: Gaston LOCATION: Pipe replacement on SR 1818, east of High Shoals STREAM: Unnamed Tributary to Hoyle Creek, WS-IV Waters (From a point 0.5 mile upstream of Lincoln County SR 1321 to a point 0.2 mile downstream of Little Hoyle Creek), Catawba River Basin PROJECT DESCRIPTION: The project consists of replacing an existing collapsing stone headwall and 72", 24-foot long pipe with a 50-foot, 72" pipe with concrete headwalls on 0.10 acres of NCDOT right of way. Five feet of riprap is to be placed on the streambanks at the pipe inlet and outlet for structure stabilization. The riprap is to be placed up to the stream's high water mark. Seeding and coconut fiber matting is to be used for soil stabilization above the high water mark. A stream profile was established by measuring thalweg elevations at various points approximately 100 feet upstream and downstream of the existing pipe. The proposed pipe will be buried one foot below the natural streambed based upon this profile. The existing stream width is approximately eight feet wide. The pipe will be installed as to maintain existing channel dimensions. e gM p`` . q 1 rr?? 4l',%i J Mr. John W. Hendrix Pipe Replacement, SR 1818 February 20, 2003 - Page 2 SR 1818 is a dead-end road with three homes past the pipe site; therefore, a temporary detour will be needed to allow access for the property owners. The off-site detour will temporarily impact 30 feet of stream approximately forty feet northeast of the existing roadway. Temporary cofferdams will be used to restrict stream flow and a temporary pipe will divert the stream around the work site during construction. Proper erosion and sedimentation control measures will be implemented during the project construction. Upon project completion, the areas impacted the temporary detour and the temporary cofferdams will be restored to pre-construction conditions. Enclosed is a PCN application, sketches of planned activities, and location maps relative to the proposed project. The proposed project is located in the "protected area" of a WS-]V watershed; however, it not located within 1/2 mile of the critical watershed area nor is it functionally classified as a rural or urban arterial. Based upon the "Guidelines for the Location and Design of Hazardous Spill Basins", which are referenced in DOT's Best Management Practices for the Protection of Surface Waters, the applicable locations for the placement of hazardous spill basins are at stream crossings on highways functionally classified as rural or urban arterials and where the stream crossing is within 1/2 mile of the critical area; therefore, hazardous spill basins are not required. Enclosed is the "Guidelines for the Location and Design of Hazardous Spill Basins" and the NCDOT hazardous spill basin checklist. A review of the Natural Heritage information for the threatened/endangered species listed for Gaston County, the bog turtle (Clemmys muhlenbergii), the bald eagle (Hahaeetus leucocephalus), and Schweinitz's sunflower (Helianthus schweinitzii) did not reveal any known sites in the close vicinity of the proposed project. A survey for Clemmys muhlenbergii and Haliaeetus leucocephalus were conducted on February 5, 2003 in the vicinity of the proposed project. It was determined that neither species were located in the area, nor was there suitable habitat located in the proposed project area. No impact on either of these species is anticipated. The survey window for one of the federally list endangered species in Gaston County, Schweinitz's sunflower is late August - September. According to Natural Heritage Program, there are no known populations located in the vicinity of the proposed project site. The area is mostly wooded, which is unlikely Helianthus schweinitzii habitat, except for the DOT right of way and a pasture in the north quadrant; therefore, no impact on this species is anticipated. Pictures were taken of the vegetation surrounding the proposed project site for visual documentation. This permit request is being submitted prior to the survey window because NCDOT believes that collapsing headwall creates a dangerous situation for residents in the area and is therefore considered an emergency project which must be completed as soon as possible. There is concern that another storm event would further compromise the integrity of the pipe structure and road, thus compromising the safety of the residents living beyond the pipe site. Mr. John W. Hendrix Pipe Replacement, SR 1818 February 20, 2003 - Page 3 A review of the available information from the National Register of Historic Places was also conducted. It is anticipated that no site listed on the National Register will be affected by the proposed project. By copy of this letter, we are asking Neil Trivette, NCDOT Roadside Environmental Field Engineer to comment on the above project. By copy of this letter, we are requesting concurrence from the Wildlife Resources Commission and U.S. Fish & Wildlife Service. By copy of this letter, I am also forwarding seven (7) copies of the application package to John Dorney, NCDENR, Division of Water Quality, 401/Wetland Unit for review and comments. Your earliest consideration for this request would be greatly appreciated. Should you have any questions, please call me at 704-480-9020. Respectfully yours, M.L. Holder, P.E. Division Engineer Twelfth Division BY: Trish Simon Division 12 Environmental Officer Enclosures cc: Mr. N ichael L. Holder, P.E., Division Engineer Mr. Dan Holderman, P.E. , Division Bridge Engineer Mr. Neil Trivette, Roadside Environmental Field Engineer Mr. Ron Linville, WRC Mr. Brian Cole, USF & WS Mr. John Dorney, DENR,DWQ,401/Wetlands Unit (7 copies) File Office Use Only Form Version October 2001 030213 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #14 and #33 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? IL Applicant Information 1. Owner/Applicant Information Name: Mike Holder NCDOT Mailing Address: P.O. Box 47 Shelby NC 28151 Telephone Number: 704-480-9020 E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Trish Simon Company Affiliation: NCDOT Mailing Address: P.O. Box 47 Shelby, NC 28151 Telephone Number: 704-480-9044 Fax Number: 704-480-5401 E-mail Address: tsimon dot state nc us Fax Number: 704-480-5401 Page 5 of 12 s IIL Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are ,provided. 1. Name of project: Pipe Replacement SR 1818, Gaston County 2. T.I.P. Project Number or State Project Number (NCDOT Only): 5.8152 3. Property Identification Number (Tax PIN): NCDOT Right of way 4. Location County: Gaston Nearest Town: Hi Shoals Subdivision name (include phasellot number): NA Directions to site (include road numbers, landmarks, etc.): Hwv 321 north from Gastoni& right on SR 1607, right on SR 1809, left on SR 1001, ri&M on SR 1819 left on SR 1818. 5. Site coordinates, if available (UTM or Lat/Long): 35°24'20N/81°10' 19W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Pipe on unpaved secondary road 7. Property size (acres): Bride project - 0.10 acres (NCDOT ROWS 8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed Tributary to Home Creek (From a point 0.5 mile 1Wstream of Lincoln County SR 1321 to a point 0.2 mile downstream of Little Hoyle Creekl Class W5-TV waters ft-tected Watershed Areal 9. River Basin: Catawba (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/map2/-Iq Page 6 of 12 10. Describe the purpose of the proposed work: The project consists of replacing an existing collapsing stone headwall and 72" 24-foot long pipe with a 50-foot long, 72" CMP and concrete headwalls Five feet of riprap will be placed on the stream banks for structure stabilization and protection. 11. List the type of equipment to be used to construct the project: A trackhoe will be used for excavation and placement of pipe and riprap- 12. Describe the land use in the vicinity of this project: The surrounding area is mostly wooded with a pasture located in the north quadrant. IV. Prior Project History if jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. NA V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: It is anticipated that the road will be paved within the next two years. There are no other jurisdictional areas on SR 1818. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 12 1. Wetland Impacts wetland Impact Site Number indicate on map) Type of Impact* Area of . Impact acres Located within 100 year Moodplain** (yes/no) Distance to Nearest Stream (linear feet Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (F W, or FEMA-approved local floodplam maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httn://www.fema.eov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0 2. Stream Impacts, includingz all intermittent and perennial streams Stream Impact Site Lmgth Impact Average Width Perennial or Number Type of Impact* (linear Stream Name** of Stream Intermittent? (indicate on map) Before Impact (please specify) 1 72" CMP 26 feet UT to Hoyle Creek 8 feet Perennial Five feet of riprap on 1 banks to high water 10 feet marls at inletioutlet for structure protection 1 Tempomry detour 30 feet " th temporary wi pipe Temp. Cofferdams 1 (Additional 10 feet on 20 feet each end of proposed pipe) " List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net lossigam), stabilization activities (cement wall, rip-raA crib wall, gabions, etc.), excavation, ditching/strmOte ring, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included, • Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 14800-358-9616, or online at Nvww.usos.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toDozone.com, www.mMuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Permanent Impacts = 36 feet, Temporary impacts = 50 feet. 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U. S. NO OPEN WATER DRACTS Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake' Pond, wy' sound, bay, etc. * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. Page 8 of 12 4. Pond Creation NO POND CREATION If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. A t=orary detour with temQorarv stream impacts is necessary for this project because SR 1818 is a dead-end road that has three residences beyond the pipe replacement site. Access must g, be maintained for these citizens The existing pipe is only 24 feet long, which provides a crossin with no roadway shoulders and a one lane road The proposed pipe is to be 50 feet long,, which will allow for a two lane road with 8 foot shoulders Cofferdams will be used to pump water around work site in an effort to reduce sediment impacts. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USAGE or DWQ to consider the application complete for processing. Any application Page 9 of 12 lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. "ACTS < 150 FEET• MITIGATION NOT ANTICIPATED 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at hitp://h2o.enr.state.nc.qVwM/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres). Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): UL Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? Page 10 of 12 X. XL XII. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the mitigation i multipliers. Zone 1 extends out 30 feet pmrpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. square feet and acreage of impact to each zone of the riparian buffers. If buffer required calculate the required amount of mitigation by applying the buffer Zone* Impact care feet Multiplier Required Mitigation 1 3 2 1.5 Total If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. NA Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. No additional impervious surface is proposed Adequate erosion control measures will be in place during the pipe Mlacement. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 11 of 12 XUL Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes El No Is this an after-the-fact permit application? Yes ? No S XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). The surveX window for one of the federally list endangered species in Gaston County Schweinitz's sunflower is late August - September. A survey for Schweinitz's sunflower cannot adequately be done at this time According., to Natural Heritage Program there are no known populations located in the vicinity of the pro..posed project site Photos were taken of the vegetation surrounding the pipe replacement project for documentation. DOT considers the pipe replacement to be an emergency project due to the collapsing stone that headwall at the inlet and therefore needs to be done as soon as possible There is concern another large storm event could compromise the integrjty of the structure SR 1818 is a dead end road with three families living beyond the pipe site; thus the safety of these families would also be compromised were the road to fail. ?/ / C 3? . wJ0` . Applicant/Agem's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 i 4 t } 40 ??- f 3 Y 'g .. r 1 X ?'..j ,.? 1 17-? f f; em our t` a,/. >•c- ., .,.mss _ .* '.`1 7k`^ ?• s '..- , If U .?.?.. a r 7°W Name: LINCOLNTON EAST Location: 035'24'20.8" N 081° 10'27.6- W Date: 2/19/2003 Caption: Pipe Replacement on SR 1818 on an unnamed tributary to Hoyle Scale: 1 inch equals 1000 feet Creek, WSAV Waters Copyright (C)1997, Mapkech, Inc. rn c? 0 F? r? 21, o h? pa q m '? o . p 0 N • v CR 45` tA ?; n1 l -X3 b (? V `Y a ?cr. v? )_ C. c1 o CA N ??? 31 ,• -860 ?J i ?/ •' ° -- •? ` 1307 800 / 1 - /% \ 1312 9UO Q Ca f'µ 9 (:).n .{' f _ ?- 8651 j( 853• II ? ? -- ??-• /•??_??`. -_' - ° It 1 (1309 _ _\ s? i • /rte \ G?V?C?.c? ? _ • ? / ' ' -- 1. ° / .- _ ?• r ?- :1820 Tank -? SAO High Sho is r? 838 / 1 r I L) I o - _ _ 181?` ? •i. \ , a ? ° _ ,\ 32- 607 Ruth Memorial 792 - r?-\ i3werplant _ o 82/ ° / 2p r I/,- Fancyill ?Sgt)%?• ? \ \ _ II, Ch- - _, i ?1- ?? 72,1 Ter.' ?/ (?ijT nk' \ J I (:St^Fauls I `1 .\? ti '?? \ ?\.pp 1 ?,? 700 II . `JN <3 a/rdins ? ? QS?? ?auc?ry J c N ? QD m C ? N o n p N Q T iv N v •t. t N n o c? ?t S r-A v ?. a 0 7 1 N S W N U s v V) Q I s \4:? N A O v v, a B? (1) (3 ) (4) (1) Inlet (2) Upstream (3) Downstream (4) Outlet (2) NCDOT HAZARDOUS SPILL BASIN CHECKLIST Division: /Z County: Project ID: 6-8/5Z0Z4P River Basin: Bridge No: t'??r= Route: 5-1,Z1 /,,;3/A Stream: 7-0 YGL' c?C . Water Ouality Criteria: Yes No Stream Crossing Blue Line On USGS rzr r ORW r r WSI r f WS 1111111 OR IV, Crossing Within 0.5mi of W. S. Critical Area r -j Roadway Criteria: Route Designation- Additional Site Information: ti.l5 4 G2 1 nGAL . Yes No Arterial Urban r r-, Arterial Rural r r?! Yes No Is a Hazardous Spill Basin Required? F, f?! Criteria Based Upon NCDOT "Best Management Practices for the Protection of Surface Waters" (March, 1997). z z 0 0 z z J Q O I ?. _z Q J ? I I 11 II II it -I r ? i a a I I \\ I? w H o C® Q - 111 z O N ((i 1. II Ob b ?- zo O s w?? ?ONA 7 3NI ' U u .;r; Q z 0 VI) C j O v V1 T 4 ?E y0 6. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or other materials be dredged from the wetted stream channel under authorization of this permit, except in the immediate vicinity of the culvert. 7. Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 8. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 40l/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please include photographs upstream and downstream of the structure to document correct installation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ms. Beth Barnes at 919.715.8394 or Mr. Michael Parker of the Mooresville Regional Office at 704.663.1699. Sincerely, Attachment Pc:. Wilmington District Corps of Engineers John Hendrix0, USACE Asheville Field Office NCDWQ Mooresville Regional Office Central Files File Copy Michael F. Easley, Governor U TF William G. Ross Jr., Secretary R Q North Carolina Department of Environment and Natural Resources G L G L W. Klimek, P.E. Director Division of Water Quality A - - -I A `C March 6, 2003 Gaston County DWQ Project No. 030213 SR 1818 APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. Michael L. Holder, P.E., Division Engineer NCDOT Division 12 PO Box 47 Shelby, North Carolina 28151 Dear Mr. Holder: You have our approval, in accordance with the attached conditions and those listed below, to incur 36 linear feet of permanent and 50 linear feet of temporary impacts to an unnamed tributary to Hoyle Creek in order to replace a culvert on SR 1818 in Madison County. The project should be constructed in accordance with your application dated February 20, 2003 (received February 25, 2003). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Nos. 3375 and 3366 corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying §404 permit unless otherwise specified in the Water Quality Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us in writing, and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, or if stream impacts exceed 150 linear_ feet, compensatory mitigation may be required as described in 15ANCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. NCDOT shall implement Best Management Practices for the Protection of Surface Waters (NCDOT March 1997) and adhere to "Design Guidelines for Sensitive Watersheds" [15A NCAC 4B .01241 prior to any ground-disturbing activities to minimize impacts to downstream aquatic resources. 2. NCDOT shall comply with WS-IV Water Supply Watershed regulations, including the requirement for a 30-foot vegetated buffer. 3. Storm water shall be directed to grassed swales, vegetated buffer areas or a storm water collection device and not routed directly to streams where practicable. 4. Existing vegetated buffers shall not be mowed in order to utilize it for storm water sheet flow. 5. The structure required for this project shall be installed in such a manner that the original stream profile is not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including the pattern and profile) are to be maintained above and below locations of the pipe. The structure shall be designed and installed to allow for fish and other wildlife movement as well as prevent headcutting of the stream. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ > O '< DWQ Project No.: l,3 aZ6 3 County: ?f1sTo,J Applicant: Uc-? oT Project Name: I- :-5-/e IJ1B AroO Date of Issuance of 401 Water Quality Certification: 3?C? v 3 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form maybe returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1; 1'x'11 [ 4 A L L. H c t,Viff/L , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. S ignature: Date: -?/1 G A Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rule ; ?specifications, and other supporting materials. utd Signature: Date: JUL rf1' NATERQUALITYSECTION If this project was designed by a Certfed Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2b.enr.state.ne.uslncwetiands William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality t • ? 1 t _ _ .. ? ? v P IrTER_vIYTTE?iT C H ?N L :. )•r: : .....:;> EVALUATION FORIM ACTION ID APPLICANTNANIE N?Da7- DATE PROPOSED CHANNEL WORK(i.e., culven, relocation. etc.) WATERBODY/RIVER BASIN {p pU!'O CfIC 0 C*- COUNTY/CITY /??Jj-- RFCFNT W EATHERCONDITIONS Jhc?a? _ lvl? SP NP Observation Comments or Deactintion F snrSnv"flulvC:wta ans P se tt I n i Be:l[hle ?lal'rO IIIVC:iebrate] "?r? v>r! Amphibiz:s Present/Breeding Algae And."Or Fungus (water quality function) ?? '?? Wildlife Channel use (i.e. tracks, feces, shells, others) F derall} P.otected Species Present (Discontinue) Riffle/Pool Structure Stable Stre. banks Channel Substrate I (i.e. gni el. cobble. rock, coarse sand) Riparian Canopy Present IS? =,'> 301' closure) Undercut Sam, lastrearrl Habitat Struc;ure Flow In C.an:tel Wcdands Adjacent ToiContig. With Channel (Discontinue) Persistent Pools;Saturuted Bottom (June thralei SctJt.i Sceos:Groundwater Discharge (Juno through Sept.) adjacent FIUodplain ?resent ?N melt Nlateriul or Drift Lines Hvdrophytic Vot:etation in/adjacent to channel Important To Domestic Water Supply'! 0 N Does Channel Appear On a Quad Or Soils,'Yiap", f Y y N Approx. Drainaue :area: "- o(0o acre Deter-nination: Perennial Channel (stool L-nportanr Channel: LF PRO.JECT:'YTGR Initials Inten^ittent Channel (proceed) Unimporrant Channel: LF Ephemeral Channel (nojd) (attach map indicating location of important/unimportant channel) Ditch Through Upland (no id) Evaluator's Signature: (it other than C.O.E. project mana_c.) "resent SP=Stongly P%scnt NP=Not Present 1 l;'4/98 TO: John Hendrix, USACOE Asheville Field Office FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: February 24, 2003 SUBJECT: North Carolina Department of Transportation (NCDOT), SRI 818, Unnamed Tributary Hoyle Creek, Pipe Replacement, Gaston County The NCDOT proposes to replace an existing pipe with another pipe structure. Biologists with the NCWRC are familiar with habitat values in the area. These comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and the North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; NCAC 25). The project consists of replacing a 24-foot long 72" pipe with collapsed headwall with a 50-loot 72" pipe with concrete headwall on the same location. A temporary detour using cofferdams will be required for the project that will impact 30-feet of stream. Seeding and coconut fiber matting will be used for stabilization. We will not object to the project as described in Ms. Trish Simon's letter and application package of January 20, 2003 provided the following conditions are implemented: 1. The temporarily affected stream section should be fully restored to preconstruction conditions upon project completion. 2. The dimension, pattern, and profile of the stream should not be modified by widening the stream channel or reducing the depth of the stream. 3. Riprap impacts must not interfere with aquatic life passage during low flows. 4. If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. This will lessen the chance of altering the stream's water chemistry and causing a fish kill. SR1818, UT Hoyle Creek 2 February 24, 2003 5. Heavy equipment should be operated from the bank rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 6. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds (15A NCAC 4B .0024). 7. Temporary or permanent herbaceous native vegetation should be planted on all bare soil within 10 days of ground disturbing activities to provide long- term erosion control. We encourage NCDOT to utilize onsite vegetation and materials for streambank stabilization when practicable. Thank you for the opportunity to review and comment on this project during the early planning stages. If you have any questions regarding these comments, please contact me at 336/769-9453. Cc: Trish Simon, NCDOT Cynthia Van Der Wiele, DWQ Marella Buncick, USFWS Becky Fox, EPA Marla Chambers, WRC 0? b 03021 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR S,ECMTd_ _ - >w MEMO TO: John Dorney, DENR/DWQ/401/Wetlands Unit '1 S FROM: Trish Simon, Division 12 Environmental Officer DATE: February 20, 2003 SUBJECT: Pre-Construction Notification/401 Automated Payment Enclosed are seven copies of a pre-construction notification for a pipe replacement project in Gaston County for your review and comments. Project information for the 401 Automated Payment Procedure • Work order number: 4312B-549-5.8152-475-81999 • TIP #: Not Applicable • Project Category: $200.00 Fee is PAYMENT RECEIVED Post Office Box 47 Shelby, North Carolina 28151-0047